Author: Spiros Avramidis
As explained in a prior post by Andrew M. Thaler, it’s general knowledge among matrimonial attorneys that debts classified as domestic support obligations (“DSO’s”) cannot be discharged. Furthermore and maybe not as generally known, attorneys’ fees owed to a non-debtor spouse, whether directly or indirectly, by a debtor can survive a bankruptcy discharge. First, there are some interesting quirks to whether a DSO can be discharged. For instance, a debt does not have be payable directly to the non-debtor spouse for it to be excepted from discharge. Courts look at the substance and the nature of the debt rather than the identity of the payee; for instance, does the non-debtor spouse benefit from payment to the third party? The fact that the obligation is payable to the attorney and not the non-debtor spouse will not necessarily make the debt dischargeable.
As explained in a prior post by Andrew M. Thaler, it’s general knowledge among matrimonial attorneys that debts classified as domestic support obligations (“DSO’s”) cannot be discharged. Furthermore and maybe not as generally known, attorneys’ fees owed to a non-debtor spouse, whether directly or indirectly, by a debtor can survive a bankruptcy discharge. First, there are some interesting quirks to whether a DSO can be discharged. For instance, a debt does not have be payable directly to the non-debtor spouse for it to be excepted from discharge. Courts look at the substance and the nature of the debt rather than the identity of the payee; for instance, does the non-debtor spouse benefit from payment to the third party? The fact that the obligation is payable to the attorney and not the non-debtor spouse will not necessarily make the debt dischargeable.
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